Court dismisses late Chief Justice wife’s claim that Will was forged

By Lagi Keresoma

APIA, SAMOA – 15 DECEMBER 2022: The Supreme Court has dismissed the claim by the wife of the late Chief Justice, Patu Tiava’asue Falefatu Sapolu that he did not leave a Will, and the one presented by the Public Trustee was forged.

In her motion for a declaratory order against illegitimacy of the Will, Iliganoa Daphne Sapolu stated that the said Will was forged by her late husband’s sister, Luamanuvao Katalaina Sapolu and his nephew Maka Sapolu.

She challenged the legality of the Will and produced a forensic handwriting expert to verify her claim.

After perusing the evidence from the trial, Chief Justice Satiu Simativa Perese concluded that Patu did leave a Will which was prepared by his sister Luamanuvao.

Chief Justice Perese said that he was of the clear view that Patu had his last Will and testament prepared by his sister Luamanuvao.

“In his final few hours in Samoa before he left for New Zealand and the medical assistance he needed, he got off his sick bed and sat down on a chair next to it, he took a copy of his Will from Luamanuvao, read it over to ensure that it reflected how he wanted his estate to be distributed, and then signed the Will in front of Alaifetu and Sainimere whom he asked to be his witnesses,” said Chief Justice Perese.

Decision
The Applicants motion is dismissed.

The Respondent is to file an application for probate of the Will of the late Patu Falefatu Maka Sapolu.

The caveat against grant of administration of the estate of Patu Falefatu Maka Sapolu dated 13 April 2022 is discharged forthwith.

Costs are awarded in favour of the Respondent and the Joined Respondent.

Counsel for the Respondents are to file and serve their memorandum for costs by 31 January 2023. Any reply by the Applicant should be filed by 14 February 2023.

The presiding Judge was Chief Justice Satiu Simativa Perese.

The Applicant was Iliganoa Daphne Sapolu, represented by Su’a Leone Mailo.

The Respondent was the Public Trustee Office represented by Shane Wulf and the Joined Respondent, Maka Sapolu was represented by Unasa Iuni Sapolu.

Read the full decision here: Judgment – Iliganoa Daphne Spolu v Public Trustee & Anr 14 Dec 22